Santa Ana Municipal Code § 41-1308 Prohibition against separate charge for parking on multiple-family…

Parking facilities shall be located on the same lot or site or on a lot or site contiguous thereto. Any property used for required parking shall be under the same ownership as the uses served or shall be restricted in such a manner as to prevent the severance of the parking facilities and use by sale, trade, lease or any other conveyance.

(Ord. No. NS-2091, § 1, 11-19-90)

(a) No person shall park or place a vehicle, trailer, or vessel or other personal property upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle, trailer, vessel or other personal property thereon for sale, hire or rental, or for other advertising purposes, unless said property is properly zoned by the city for such purpose and the vendor is duly licensed to transact such business at that location.

(b) Subsection (a) shall not prohibit any person from parking or placing a vehicle or vessel or other personal property on private residential property belonging to or occupied by the owner of such vehicle, vessel or other personal property, for the purpose of displaying the same for sale, hire or rental.

(c) "Vehicle" as used in this section shall mean a "vehicle" as defined in Section 670 of the California Vehicle Code, as the same now reads or may hereafter be amended.

(d) "Vessel" as used in this section shall mean a "vessel" as defined in Section 9840(a) of the California Vehicle Code, as the same now reads or may hereafter be amended.

(e) The parking or placing of any vehicle or vessel or other personal property with a sign or other advertising device thereon or proximate thereto, indicating such vehicle or vessel or other personal property is for sale, hire or rental, shall constitute prima facie evidence that such vehicle, vessel or other personal property was parked or placed for the purpose displaying same for sale, hire or rental, or other advertising.

(f) A violation of this section shall constitute an infraction punishable in the same manner as provided in section 36-27 of this Code, as the same now reads or may hereafter be amended.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 1, 12-15-97)

(a) No person shall use or allow the use of any parking space or area designed for the parking of vehicles, and necessary to provide parking spaces in full or partial satisfaction of the off-street parking requirements of this chapter, for any purpose which obstructs or prevents the use of such parking space or area for the parking of vehicles on a regular basis.

(b) The use of a required parking space for the storage of any automobile for more than seventy-two (72) hours, or for the storage of equipment, shall be deemed to be an obstruction or activity which prevents the use of such parking space for the parking of vehicles on a regular basis within the meaning of subsection (a) of this section.

(c) Subsection (b) does not apply to the parking of a vehicle at a residence provided the vehicle is operational and the parking of the vehicle does not conflict with access and parking of other vehicles.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 2, 12-15-97)

(a) Parking stalls shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long, except as noted in subsections 41-1320(c) and (d). Where double-striping is required, the width of stalls shall be measured from lines midway between each pair of stripes. Structural, mechanical, utility or similar appurtenances are only permitted adjacent to required stall areas if the required width of the stall is increased at least six (6) inches and if the appurtenance is not located so as to interfere with safe and free parking movement or car door opening or of visibility. No appurtenance shall be permitted in the area in front of a parked car unless located in its entirety at least four (4) feet above surface level. Parking lot lights and tree wells, however, may encroach no greater than eighteen (18) inches into a front corner of a parking stall.

(b) Aisles to and from parking stalls shall not be less than:

(1) Thirteen (13) feet wide for one-way aisles with 30-degree parking.

(2) Fifteen (15) feet wide for one-way aisles with 45-degree parking.

(3) Eighteen (18) feet wide for one-way aisles with 60-degree parking.

(4) Twenty-three (23) feet wide for 90-degree parking.

(c) Circulation within a parking area must be such that:

(1) A car entering the parking area need not enter a street to reach another aisle except on a street with a standard industrial street cross section.

(2) A car need not enter a street backwards. This provision shall not apply to off-street parking required in sections 41-1320 and 41-1321, or prohibit the backing of motor vehicles into a street which has a standard industrial street cross-section regardless of the use on the lot abutting said industrial street.

(3) All parking stalls and garages shall be accessible and usable.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 3, 12-15-97; Ord. No. NS-2710, § 29, 5-1-06)

(a) Bumper guards, curbs or other suitable barriers shall be provided to protect public streets and sidewalks, to prevent parking in areas where no parking is permitted, to prevent parked vehicles from extending beyond the parking area boundary line or intruding into any pedestrian walkway, and to prevent vehicles from contacting any wall, fence or landscaped area.

(b) When the parking area abuts residentially zoned property, property used for residential purposes, or sensitive land uses, a minimum six-foot high masonry wall shall be erected along such property lines, except that such wall shall not exceed four (4) feet in height along any required front yard of the adjacent property.

(c) Lights used to illuminate the parking area shall be reflected away from any residence or sensitive land use.

(d) All required stalls shall be clearly outlined with double-striping on the surface of the lot.

(e) The parking area and driveways shall be paved with asphaltic or concrete surfacing.

(f) All parking areas shall be accessible to vehicles via driveways and aisles of the size specified herein.

(g) Cart corrals shall be provided throughout parking lots for uses that rely on shopping carts for normal business operations.

(h) Sensitive land uses as used in this section are those adjacent land uses such as child care facilities, parks, schools, churches, convalescent homes, and hospitals that will be potentially impacted by the proposed parking lot and ancillary parking activities.

(i) All parking areas required by this chapter are to be maintained in a safe, clean and repaired state with no potholes, solid paving, and legible striping.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 4, 12-15-97; Ord. No. NS-2446, § 23, 9-18-00)

Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall be provided with at least one (1) space for standing, loading and unloading of vehicles to avoid undue interference with the public use of on-site travel aisles, streets and alleys. Such space shall be provided at a size sufficient to accommodate the largest delivery vehicle likely for the building and in no case be less than ten (10) feet by twenty-five (25) feet. Loading zones shall be provided at a rate of one (1) for every ten thousand (10,000) square feet of floor area or outdoor storage area. A fourteen-foot minimum height clearance shall be maintained. Loading zones shall not interfere with or be used for off-street parking purposes. Loading zones shall be clearly designated and labeled, and may not be located adjacent to property used or zoned for residential purposes.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 5, 12-15-97)

(a) Number. A portion of the required off-street parking spaces required for any use by this chapter shall be designed for physically handicapped persons in accordance with state law and the following standards:

(b) Design, designation, and location. Handicapped persons' parking spaces shall, at a minimum, comply with the requirements of the California Building Code, Division 11, Site Accessibility.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2176, § 5, 9-21-92; Ord. No. NS-2340, § 6, 12-15-97)

Any site which has five hundred (500) or more parking spaces shall provide, for the first five hundred (500) spaces and one (1) for each two hundred fifty (250) spaces thereafter, a seventeen-foot by eighteen-foot motorcycle parking area, bordered by bumper guards or concrete curb to preclude automobile access to such area. Motorcycle spaces are to be clearly designated and located near the main entrance of the primary structures on-site.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 7, 12-15-97)

All development projects (as defined by section 41-668) shall provide short term bicycle parking on-site as follows:

a. Retail and service commercial development shall provide bicycle parking at a rate of five (5) per cent of the required automobile parking, but not less than four (4) bicycle spaces.

b. Office, industrial and manufacturing development of greater than fifteen thousand (15,000) gross square feet shall provide a minimum of two (2) bicycle parking spaces.

c. Multifamily residences of five (5) or more units shall provide a minimum of four (4) bicycle spaces.

d. Key activity locations and public gathering uses including but not limited to theaters, recreation facilities, libraries, churches/temples, and schools shall provide a minimum of four (4) bicycle parking spaces or eight (8) bicycle parking spaces if more than fifty (50) parking spaces are required.

e. If a use conducted in a building or on a site is not clearly defined as it relates to the application of this requirement, determination shall be at the discretion of the planning manager as to the appropriate bicycle parking requirement as listed in subsections a through d above. Such determination may be appealed to the planning commission and city council.

f. To the extent practicable, the design, site planning, compatibility and lot design for on-site, short term bicycle parking shall be consistent with the city's bicycle support facilities guidelines. In those situations where said guidelines cannot be applied due to site constraints or aesthetic considerations, in order to promote the objectives of said guidelines and the health, safety and general welfare of the city, the planning director or designee may in writing authorize use of a portion of the required landscape setback, or the conversion of one required vehicular parking space for on-site, short term bicycle parking.

(Ord. No. NS-2787, § 4, 6-8-09; Ord. No. NS-2803, § 18, 6-21-10)

(a) No owner or agent of any owner of multiple-family residential property shall impose any charge on any resident for the privilege of parking in the off-street parking spaces on such property which is separate and distinct from the rent charged to such resident for such resident's dwelling unit.

(b) Any owner or agent of an owner of residential property who is not in compliance with subsection (a) of this section on November 19, 1990, shall have sixty (60) days from and after such date to discontinue such noncompliance. Thereafter any such noncompliance shall be unlawful.

(Ord. No. NS-2091, § 1, 11-19-90)

In interpreting the parking standards set forth in this article, the following rules shall govern:

(1) Wherever required off-street parking is based upon gross floor area, the number of required spaces shall be determined by applying the appropriate mathematical ratio. If the product is not a whole number, the number of required spaces shall be the next lower natural number if the decimal fraction is less than five-tenths (0.5) or the next higher natural number if the decimal fraction is five-tenths (0.5) or more. Wherever required off-street parking is based upon some other factor, the number of required spaces shall be determined by the same arithmetical process.

(2) Wherever two (2) or more uses identified in this article exist on the same site or within the same building:

a. The number of parking spaces required for each use shall be determined separately.

b. Except as provided in sections 41-1390 and 41-1391, ancillary activities or uses within a single tenant space not exceeding fifteen (15) percent of the gross floor area shall be calculated at the parking ratio of the primary use.

(3) Wherever a particular use of property can be classified under more than one (1) section of this article which sets minimum parking space requirements, the section which contains the more specific use description shall apply. If two (2) or more equally specific sections apply, the section imposing the higher standard shall apply.

(4) Wherever required parking is based upon the number of seats in an area, eighteen (18) inches of bench space shall be deemed the equivalent of one (1) seat.

(5) Reduction in parking due to disabilities upgrade may be granted. When required solely as a need to upgrade existing parking facilities to comply with Americans with Disabilities Act (ADA), Title III and California Code of Regulations (CCR), California Access Code, Title 24, may be reduced at the discretion of the planning manager.

(6) Additions of floor area up to twenty-five (25) percent of a designated historic resource on the Santa Ana Register of Historic Properties shall be exempt from the requirements of this subsection. Additional parking shall be provided only for the floor area being added which exceeds a twenty-five (25) percent increase.

(Ord. No. NS-2091, § 1, 11-19-90; Ord. No. NS-2340, § 8, 12-15-97; Ord. No. NS-2404, § 2, 9-20-99; Ord. No. NS-2923, § 11, 9-16-17)

Upon the change of use of an existing building, lot, or a portion of a building or lot, additional parking and loading spaces shall be provided for the new use as required by this chapter over and above the number of parking and loading spaces required by this chapter for the prior use only, with the following exceptions:

(1) Change of use in a historic district or registered historic property. Any change of use permitted in a historic resource shall not be required to provide additional parking to that legally required prior to the change of use.

(2) Change of use in a space under two thousand five hundred (2,500) square feet. The occupancy of any tenant space of less than two thousand five hundred (2,500) square feet in all zones, may be interchanged among the below land uses without the need to provide additional parking beyond that currently provided on-site or in covenanted off-site spaces. The prior use must have been established with a valid business license and certificate of occupancy. Required parking shall be determined by the last occupancy that did not use this subsection in a space under two thousand five hundred (2,500) square feet in all zones. Parking will be determined by section 41-1300.

• Professional, business, and administrative offices

• Service uses

• Medical offices

• Restaurants/eating establishments

• Retail and service activities

• Live/work spaces

• Banks and financial institutions

• Gymnasiums and studios operated for commercial or public purposes

(3) Change in use from industrial to retail as permitted in section 41-472 of this Code shall not be required to provide additional parking spaces beyond that provided on-site or in covenanted off-site spaces when the retail component of the use is equal to or less than fifty (50) percent of the gross square footage of the tenant space.

(Ord. No. NS-2923, § 12, 9-16-17; Ord. No. NS-3038, § 37, 2-7-23)

(a) The city council may, by resolution, establish one (1) or more in-lieu parking fee districts whereby property owners within any such district may receive a credit toward the number of off-street parking spaces otherwise required by this article by the payment of an in-lieu parking fee to be used by the city for the future provision of public parking facilities serving the district.

(b) Eligibility for the reception of an off-street parking credit shall be limited to: (1) the use and occupancy of existing buildings which lack sufficient parking spaces on site to satisfy the requirements of this article and which no longer have such status as a nonconforming use or nonconforming building which would allow them to be used and occupied without the provision of such parking; and (2) the intensification of use in an existing building. Such eligibility shall not extend to new building construction, nor to additions to existing buildings or the reconstruction of existing buildings even if such reconstruction does not increase existing or previous occupant load.

(c) Any resolution of the city council establishing an in-lieu parking fee district shall set forth the fee to be charged for each parking space for which an off-street parking credit shall be granted to an owner of eligible property within the district. Such resolution may also set forth such provisions as the council may determine appropriate for payment of the fee in installments over a period of years. The responsibility for such installment payments shall run with the ownership of the property.

(d) All revenues received by the city from the payment of in-lieu parking fees from owners of property within an in-lieu parking district shall be maintained in an account separate and apart from other city funds. Moneys in such account may be expended solely for the purpose of providing additional public parking in the district.

(e) No owner of property within an in-lieu parking fee district may receive any off-street parking credit pursuant to this section except pursuant to a parking plan approved for that property by the executive director of the community development agency of the city or his or her designated representative. The parking plan shall specify the number of parking spaces required to be provided on the property and the number of parking spaces for which off-street parking credits are granted.

(f) A parking plan may be revoked by the executive director of the community development agency of the city or his or her designated representative for failure by the owner of that property to pay installment payments on the in-lieu parking fee due for that property, and shall be reinstated upon the payment of all installments due. During such time as a parking plan is revoked: (1) the property shall not be credited with off-street parking credits for purposes of determining its compliance with the off-street parking requirements of this chapter; and (2) no further certificates of occupancy shall be issued for the property under the building code of the city.

(Ord. No. NS-2309, § 1, 12-2-96; Ord. No. NS-2340, § 9, 12-15-97)